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VIC Interstate speeding fine

Discussion in 'Politics, Laws, Government & Insurance' started by Nakkas, Jun 1, 2007.

  1. Hey all,

    Back in Jan (during the Aust Day weekend), I went on a roadtrip to Sydney with my girlfriend and happened to bump into the local constabulary.

    I was travelling in a motorcade of cars going about 125km/h, I thought I'd be fine (I was at the back), but the bored Highway Patrol guy waiting around a blind corner must have creamed his pants when he saw my Mexican license plates and the big red P plates and decided to pull me over.

    He issued me with a 124km/h in a 110km/h zone, which was 3 points and $77. He told me double demerit points wouldn't apply to me because I had a Vic licence. So I just took it. If I was an NSW P plater, I'd be walking.

    I still havent paid the ticket as I'm only allowed 5 points in 12 months for my P's. I get off my P's at the end of November.

    My idea was hold off paying the ticket til the end of November, at which point I'll be able to accrue 12 points with no penalty. The fine's already been bumped up to $127, which is no biggie.

    And the demerit points haven't been registered on my Vic license yet either.

    Can NSW do anything to me for not paying my ticket? Ie. A sherriffs warrant, or license suspension. And is it true the points won't be registered until I pay the ticket?

  2. The NSW state Govt has no legal right to affect a license/rego issued by and held in any other state or Territory. The demerits will NOT apply to your license, not now not ever.

    If you were in NSW on a NSW license or have a vehicle registered in NSW, the Office of State Revenue will instruct the NSW RTA to cancel license/rego for fine default. The fact you have a Vic license, and as long as you don't have any NSW registered vehicles, then NSW govt cannot do anything to you for not paying the fine. Commitment warrants are no longer and haven't been issued in NSW for years for unpaid traffic fines.

    Note one thing...
    The only way the NSW Govt can affect you, is by revoking your right to drive within the state of NSW, and they will write to you if that becomes the case. Since I resigned from the NSW Police service, I personally now have a QLD license although I regularly visit NSW :grin: and have been given a number of speeding tickets which I have never paid, and until they revoke my right to drive in this state, I will never pay them.
  3. http://www.trafficlaw.com.au/demerit.points.html

    Are you sure you can't accumulate demerit points? If I wouldn't get points, I would just pay the thing, so I wouldn't be on any systems with unpaid fines.
  4. the points are accrued once the fine has been attempted to be recovered twice (i think) by state debt recovery.
    you get one notice asking you nicely to pay the bill, with a slight markup, and then you get a meaner one....
  5. i used to love my NT license no demerit points at all
  6. yup Phuil and I love our NT licences
    but apparently the NT recently brought in demerit points :cry:
    with the highway speed cut as well
    the nt wont be a special place to be much longer
  7. You will always find literature stating the offence can be recorded, but the NSW Govt can't ask Vicroads to apply the Vic equivalent in demerits as you haven't paid the fine. Points cannot be accrued until the fine is paid, as payment is the admission of guilt. Until the payment is made, you always have legal avenues available to have matters heard by a magistrate
  8. except when it has gone through the processes of state debt recovery. receiving the ( 2)notices is admission of guilt, meaning you cant elect to have it heard. trust me, i tried.

  9. I am very interested to hear about your experience, can you give me some details? by PM if you prefer?
  10. yep, i'll just need to get the notices out of the filing cabinet (read somewhere in the kitchen under the mess) and i'll post it here.
    from memory, the first reminder states the fine with the extra for not paying within the time, then the second tells you you have to pay before X date and it states at the bottom how many demerit point you accrued. i'll scan 'em, but im blacking out the details so you dont do a c&i on me :p

    edit: and you only have provisions to elect to have it heard at court whilst the initial ticket is still within the 21 (?) days. thats what they told me at the court, and when i rang the infringements section in paramatta
  11. All my driving infringements since I moved to Albury have occurred in Victoria. I have paid all my fines, I haven't lost any points.

  12. Great, will take a look when you post it. Bear in mind the letters you receive from OSR are form letters and all say the same thing regardless of what state your license is held in. They all say "This offence carries xx demerit points", so although it tells you that the offence carries demerits, the demerits will not apply to you.

    Also FYI http://www.sdro.nsw.gov.au/reviews/eo_grounds_dispute.html
    For your information it's CNI (Criminal names index) not C&I :p
  13. :rofl:

    yeah well, i only ever hear it on my programmed UHF when they are checkin' me. so it sounds like c&i. but now i know, they always ask me lots of questions after they hear the report :p :LOL:
  14. @@@The demerits will NOT apply to your license, not now not ever. @@@

    Sorry mate, but there is an agreement between the states to enforce demerit points between each other. Most states generally follow the agreement.
  15. And please tell me how you know this?
  16. A simple check of the VicRoads site....

    The Road Safety Regulations allow VicRoads to record demerit points against Victorian drivers licence holders who commit offences in other states. In those cases, the interstate licence authority will usually report the offence to VicRoads and VicRoads will then record the number of points wich would be applicable if the offence had occured in Victoria
  17. Note the word "usually" and I believe all states have literature to that effect. I suggest pay the fine, then check and see if the demerits are recorded, bet they aren't :wink:
  18. i got fine in NSW before during last year one of the long weekend. was travelling 170 on a 110road.. got fine $1800(200 for using right lane) and got 6point off. i would have lost my license if double demit points, but thank god it doesnt apply for vic license. nsw will contact vicroad then you through vicroad, you will recieve a letter from vicroad like 3 to 5 months after the offence. i was driving btw but it wouldnt make a difference.
  19. Things have changed a bit since Tweet left "the job". Try visiting this RTA page for further info. Some quotes from that link:

    "What if I commit a demerit point offence while driving outside of NSW?
    Australian states and territories exchange traffic offence information. If you hold a NSW licence and commit an offence in another state, the offence may attract demerit points in NSW.

    What if I hold a licence from another state or territory and commit a driving offence in NSW?
    Details of demerit point offences committed in NSW will be sent to your home state and included on your driving record. If you exceed 12 or more points in a three-year period, the RTA may withdraw your right to drive in NSW."


    "How long does it take for demerit points to show on my record?
    The RTA will be advised of the offence and add the demerit points after you pay the fine to the State Debt Recovery Office (SDRO), or if you do not pay the fine, when an enforcement order is made by the SDRO for collection of the fine. If the offence is heard by a court, after the court determines the matter."

    Hope that helps.
  20. I've decided to just pay the fine and paid it with the $50 enforcement order surcharge.

    I'm a P plater and the last ticket I have received (before and since this one) is a 1 pointer in December 06 and another 1 pointer in December 05.

    Hopefully I won't have my license suspended, but I'll keep y'all updated..